RAN SINGH Vs. DATA RAM YADAV

JUDGEMENT

(1.) DEFENDANT Ran Singh has filed this revision petition under Article 227 of the Constitution of India, assailing judgment dated 11.11.2011 (Annexure P 7) passed by lower Appellate Court.

(2.) RESPONDENT plaintiff Data Ram Yadav has filed suit against defendant petitioner alleging that the plaintiff is owner in possession of house depicted by letters ABCD in bleu colour in site plan (Annexure P 2) whereas defendant is owner in possession of house depicted in brown colour in the said site plan. The defendant has also occupied the property depicted with purple colour in the said site plan. There is rasta (passage) depicted by letters DEFGHK shown in yellow colour in the site plan (Annexure P 2) which is used by both the parties. Said passage is the only passage for access to aforesaid house of the plaintiff. His door and windows also open therein. The defendant threatened to raise construction on the disputed passage. Plaintiff inter alia sought permanent injunction restraining the defendant from doing so. Plaintiff also claimed temporary injunction to the same effect during pendency of the suit.

(3.) ). The defendant denied the existence of the disputed passage and pleaded it to be part of his property. 4. Learned trial Court vide order dated 03.06.2011 (Annexure P 6) dismissed the plaintiff's application for temporary injunction. However, appeal preferred against the said order by the plaintiff has been allowed by learned Additional District Judge vide impugned judgment (Annexure P 7) and thereby application for temporary injunction filed by the plaintiff has been allowed and defendant stands restrained from interfering in use of the disputed passage by the plaintiff and has also been restrained from raising any construction over the disputed passage till disposal of the suit. Feeling aggrieved, defendant has filed this revision petition to challenge the said judgment.